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(영문) 서울남부지방법원 2017.08.16 2016고단2762

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on March 6, 2016, the Defendant: (a) placed the victim D located in Guro-gu Seoul Metropolitan Government on the back of the main point (65cm) and destroyed the main point by using it; (b) used the corrective device for the back of the main point; and (c) entered the said main point and entered the said place at the rate of KRW 500,000,000 at the market price of Samsung F&M at the rate of KRW 210,000,000 at the rate of KRW 6 C&M (35,000 per disease).

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure managed by the damaged person at night.

around 10:00 on April 5, 2016, the Defendant stolen 9.3 television worth KRW 150,000 at the victim’s market price, i.e., 150,000, the Guro-gu Seoul Metropolitan Government (Seoul).

Summary of Evidence

"2016 Highest 2762"

1. A statement by the defendant to the effect that the goods as stated in the judgment are damaged and taken up at the main points of the judgment after setting up correction devices;

1. Legal statement of witness G;

1. Protocols of police seizure and list of seizure;

1. Report on investigation (report on confirmation of the owner of special larceny) 2016 Height 2890;

1. Each legal statement of the witness H and I;

1. Application of the Fic Statement Acts and subordinate statutes to the witness Fic Statement that there is no property as indicated in the holding date;

1. Relevant legal provisions of the Criminal Act and Articles 331(1), 330 of the Criminal Act (special larceny) and Article 329 of the Criminal Act (a point of intention and a choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order has no record of criminal punishment other than fines for the last 20 years, and the scale of damage, etc.;